the white house just announced that the lone surviving suspect, 19-year-old, dzhokhar tsarnaev, will not be charged as an enemy combatant. instead, he will be tried in the criminal court system. we also understand a brief court appearance before a federal magistrate this afternoon, while he was still in the hospital and he's also charged with conspiring to use a weapon of mass destruction and one count of malicious destruction of property. he can also face the death penalty if convicted as well. now, there's also questions as to what the fbi knew at the time and did the agency drop the ball so to speak. some lawmakers are looking for answers. >> exactly when did russia call to ask about this individual? what did he do when he went back for six months? did he sit in his aunt and uncle's home for six months or was he doing something else. when he came back to this country, why didn't it ring a bell with the fbi intelligence unit that he should be checked out? >> reporter: now, as far tsarvaev, he remains in serious concern where he has a throat injury preventing him from speaking. he's